1997-301AN ORI)INANCE OF THE CITY OF DENTON AMENDING CHAPTER 33 "SIGNS AND
ADVER' ?ISING DEVICES" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON
RELATI qG TO THE PKOHIBITION OF OFF-PREMISES (BILLBOARD) SIGNS WITHIN THE
CITY Oi ~ DENTON AND BOTH OFF-PREMISES (BILLBOARD) SIGNS AND PORTABLE
SIGNS ,VITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON
AND / MENDING REGULATIONS APPLICABLE TO NONCONFORMING SIGNS,
PROVI~ lNG A PENALTY IN THE AMOUNT OF $2,00000 FOR VIOLATIONS THEREOF,
PROVIE[NG A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, AND
PROVI~ lNG AN EFFECTIVE DATE
WHEREAS, the I-hghway Beauttticat~on Act passed by the Utnted States Congress m 1965
found that the erecUon and mamtenanco of outdoor advertising signs m areas adjacent to the Interstate
I-hghway System should be controlled m order to protect the pubhc investment tn such tughways, to
promote !he safety, and recreaUonal value ofpnhhc travel, and to preserve natural beauty, and
WHEREAS, tn 1981 the Umted States Supreme Court tn Metromechtl, Inc v City of San
Diego. 4~3 U S 490 held that the underlined lansuage above consUtutes substantial governmental
goals an~ that aestheucs and traffic safety are pubhc purposes sufficient to support the regulation of
signs, Including a ban on off-site commeraal signs, and
WHEREAS, the constm~on of s~gns, billboards, and other outdoor advemstng structures can
present structural hazards whtch threaten the health and safety of the citizens of the City of Denton by
creating tlnpedunents and dangers to traffic along thoroughfares and easements, and
WHEREAS, the control of sittng and placement of signs, billboards, and other advemstng
structures wdl promote and enhance the efficient and safe use of pubhc thoroughfares, and
WHEREAS, the continued construction of off-premise signs leads to the dlmmuUon of
property ~,alues for adjacent properties and thereby adversely impacts on the taxable value of such
affected ~roperties, and
WHEREAS, the continued construction of off-premise signs causes increased risk of
dlstract~oh and danger to OtlZenS driving and walhng on streets and thoroughfares, and
WHEI~AS, portable signs present special traffic hazards when towed on public streets or
displayed] on pubhc rights='of-way and present dangers to the health and safety of the citizens of the City
of Dento~l because of their propensity to be blown about ff not properly anchored, and
I~/I-I~R~AS, Chapter 216 of the Local Government Code was adopted by the Texas
Lel/~slature to provide a procedure for regulating off-premise signs and the courts have been called
upon to review the apphcatlon of Chapter 216 and to date no authority exists finding such sign
regulations to be Invalid, and
WHEREAS. the rlan~er to the driving pubhc In our re_mon of the State from chstracuons
caused by large off-premases (billboard) sims is exemphfied bv a jury_ award of $20 mflhon ag_mst
American A~rhnea for an automobile aectdent wluch occurred tn December 4. 1993 at DFW gain_ orr
when two ears colhded whale their drivers were tmng to read off-prenuse st~s, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION I That Chapter 33 "Signs and Adverttsmg Devices" of the Code of Ordinances is
hereby mended by rewsmg the detimttons of the terms off-premtses stgn, on-premtses sign, and stgn
m Sectton 33-2 enttfled "Defimttons" by defining such terms to read as follows
Sec 33-2. Definitions.
Off-premtses sign means a stsn chsplaymg advertising copy that pertains to a business, person,
orgamzatton, aChvlty, event, place, sorv~ce, or product not principally located or primarily
manufactured or sold on the prermses on wluch the s~gn Is located
On-premises sign means a freestanding stgn ~dentl~ng or advertising a business, person, or
acttwty, and installed and maintained on the same prenuses as the bustness, person, or activity A stgn
which promotes or d~splays a pohtlcal, rehg~ous or tdeologtcal thought, behef, opuuon or other
noncommercial message shall be constdered an on-prermses stgn
Sign means an outdoor structure, Slgu, d~splay, hght dewce, figure, pamttng, drawing, message,
plaque, poster, billboard, or other thing that ts designed, intended, or used to advertise or inform "One
stgn" or "a stgn" means any number of signs located on or supported by a single or common
supporting structure
SECTION II That Chapter 33 "Stgns and Advertising Devices" of the Code of Or&nances ~s
hereby amended by adding a subsection (12) of Sectton 33-4 entttled "Certtun prohtbtted stgns" to read
as follows
Sec. 33-4. Certain prohlbtted signs.
It shall be unlawful for any person to erect, install, construct, &splay, maintain, reconstruct, place,
locate, relocate or make use of any of the following s~gns for adverttsmg purposes
[See text of subsecttons (1) - (11) m e~stmg ordinance]
(12) Off-premises sign Any off-pren~ses s~gn wluch ts not a properly registered nonconforming
off-pranuses sign as provided for in tl~s chapter
SECTION III That Chapter 33 "Stgns and Advemsmg Dewces' of the Code of Ordinances ~s
hereby amended by adding a subsectton (4) to Section 33-91 of Article HI "Nonconfomung Stgns" to
read as follows
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Sec. 33-91. Definition.
A s~gn, including its supporting structure, shall be considered nonconforrmng when It does not
conform to all or part of the proxasions of flus chapter apphcable thereto, is not a temporary sign and
[See text of(l)- (3) ofex~mng ordinance]
(4) Was m ex~stenee and lawfully located and used as an off-prenuses ground s~gn pursuant to_Sec
33-182 on November 5, 1997
SECTION IV. That Chapter 33 "S~gns and Advertms~ng De,aces" of the Code of Ordinances is
hereby amended by remsmg Section 33-93 entitled "Registration of nonconfonmng portable signs" to
read as follows
Sec. 33-93. Registration of nonconforming portable and off-premises (bdlboard) signs.
On or after June 1, 1989, it shall be unlawful for any person to maintain any portable sign
vatlun the corporate hnuts, and on or ~er March 1, 1998, it shall be unlawflul for any person to
rnmntam any off-preauses Cofllboard) sign on any premases w~thtn the corporate hmats and both portable
and off-prenuses (billboard) smgns vaflun the extratemtonal junsdlctlon of the City of Denton wmthout
having a vabd regtstration tag aflLxed thereto as requtred m flus section as follows
(1) Appltccttton. To register a nonconforming portable or off-prenuses Cofllboard) sign, apphcation
shall be made to the braiding official on forms provided for that purpose The apphcatlon shall be
accomPamed by the payment of the apphcable fee, as estabhshed by the City Council and on file in
the office of the city secretary, and shall contain the name and address of the owner of the s~gn, the
exact location of the sign, the date of placement and any other ~nformat~on reasonably reqmred by
the braiding official
(2) Issuance of regtstratton tag If the braiding official deternunes that the portable sign or off-
premises (btllboard) sign is a lawfully nonconforrmng portable or off-prermses (billboard) sign, he
shall issue a registration tag to the apphcant The owner of the smgn shall cause the tag to be affixed
m a conspicuous place on the corresponding portable or off-prenuses (bdlboard) sign registered
(3) Removed or destroyed stgns Any owner who removes or causes the removal of any vahdly
registered nonconforming portable or off-prermses (billboard) sign from any prenuses shall, witlun
five (5) business days ohts removal, report the removal to the buflchng official
(4) Invahdatton of regtstratton The bmldmg official shall mvalldate any registration tag for a
nonc0nformmg portable or off-prermses (btllboard) sign when
a It is removed from the prenuses for any reason,
b It has been damaged or destroyed so as to lose rots nonconforming or off-premases (bdlboard)
sign status as prowded m flus chapter,
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c It has become an abandoned sagn
SECTION V That Chapter 33 "Sagns and Advemsmng De, aces" of the Code of Ordinances as
hereby mended by revising Section 33-95 entitled "Destruction, repair" to read as follows
Sec. 33-95. Destruction; repair.
(a) Any nonconforming portable, attached or ground stgn, including ~ts supporting structure, whach ~s
blown down, damaged, dflapadated, or deteriorated, or otherwise destroyed or dasmantled for any
purpose other than mamtenence operataons or for changing the letters, symbols, or other matter on
the stgn, shall not be replaced, repatred, or renovated, m whole or m part, ~f the cost of such
replacement, repmr, or renovauon as m excess of s~y percent (60%) of the cost of erecting a new
sagn of the same type at the same location, including ~ts suppo~ng structure, unless such alteraUon
or repair makes the sagn conforming No person shall repair, renovate or alter a nonconforming
sagn w~thout first receavmg a sagn permit
(b) The building ofl~caal may, whenever he deems necessary to reasonably detenmne the appheabflaty
of subseetaon (a) of tbs section, requtre the owner of the nonconforming sagn to subnut two (2) or
more independent esumates ~rom estabhshed sagn compames of the cost of replacing, repainng or
renovating, m whole or m part, the ex~stmg noneonformang sagn and two (2) or more independent
estnnates ~rom estabhshed s~gn compames of the reproducuon cost of ereeUng a new s~gn of the
same type at the same locauon, ancludmg ~ts supporting structures
(c) The estunate required by subsection (b) shall be based on the costs for new materials for both the
sagn to be repaired and the new s~gn Also, the estimate shall reflect the reasonable and customary
costs m the ~ndustry for (1) the dehvery of materials and eqmpment to the location of the sagn and
(2) the cost of labor for each phase of sagn constructaon
(d) No s~gn or supporting structure wluch as lawfully reproduced, repaired or renovated as a
noneonformmg s~gn shall be increased m effective area or heaght
SECTION VI. That Chapter 33 "Sagns and Advertasmg Devices" of the Code of Ordanances ~s
hereby amended by rewsmg D~ws~on 2 ent~fled "Portable S~gns" and Sections 33-166 through 33-
167 1 of such daws~on to read as follows
DMSION 2. PORTABLE AND OI~-PREMISES (BILLBOARD) SIGNS
See. 3~-166. Prohibited.
It shall be unlawfifl for any person to d~splay, maintain, erect, place or relocate any portable or
off-prermses (billboard) s~gn on any premases w~th~n the corporate lamts and the extraterritorial
junschctaon of the Caty of Danton that as not a registered portable or off-prenuses (b~llboard) sign No
new sign penmts shall be assued for portable or off-prermses (billboard) sagns w~th~n the corporate
hmats and the extratemtonal junsdaeuon of the City of Denton from and ~er November 5, 1997
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Sec. 33-167. Lawful nonconformity.
[See text m emstm8 ordmance]
Sec. 33-167.1. Lawful nonconformity from November 5, 1997.
Any portable s~gn lawfully ex~stmg upon any prermses vatl~n Cltys$ extraterritorial jurisdiction
before November 5, 1997, and any off-premases (billboard) sign lawfully eyastmg upon any prenuses
w~th the corporate hrmts and extraterritorial jurisdiction of the City of Denton before November 5,
1997, m accordance vath the prov~sions of any prior ordinance, shall be allowed to remain on that
premases as a nonconforming portable or off-premases (billboard) sign, ff properly registered and
continuously mmnt~uned m accordance wath the prov~sions oftbas chapter
SECTION VII. That Chapter 33 "Signs and Advertising Devices" of the Code of Or&nances ~s
hereby amended by repealing subsection (5)(a) entitled "Off-prermses signs" of Section 33-182 since
newly amended Section 33-166 probablts such signs
SECTION VIII That any person wolatmg any prov~sion of tl~s or&nance shall, upon
conv~etion, be fined a sum not exce~mg $2000 00 Each day that a provision of th~s ordinance is
vaolated shall constttute a separate and dtstmct offense
SECTION IX That if any section, subsection, paragraph, sentence, clause, phrase or
word m flus ordinance, or application thereof to any person or c~rcumstances is held invalid by
any court of competem junsd~ction, such holding shall not affect the vahd~ty of the remawang
portions of flus ordinance, and the City Council of the City of Denton, Texas hereby declares ~t
would have enacted such rem0anmg portions despite any such validity
SECTION X. That save and except as amended hereby, all the provisions, sections,
subsections, paragraphs, sentences, clauses, and phrases of Chapter 33 of the Code of Ordinances
shall remain m full force and effect
SECTION XI. That flus ordinance shall become effective fourteen (14) days from the date
of its passage, and the City Secretary is hereby d~rected to cause the caption of this ordinance to
be published twice m the Denton Record-Chromcle, a daily newspaper published in the City of
Denton, Texas, w~tlun ten (10) days of the date of its passage
PASSED AND APPROVED this the ~ / ~];~_day of O~e f ,1997
JACK MILLER, MAYOR
P~e5
ATTEST
JENNIFER WALTERS, CITY SECRETARY
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